Audio 3:42
Church to comply with RoyComm

Alexandra Kirk
Thu Jan 17 08:43:00 EST 2013

The Catholic Church says it will waive confidentiality agreements it's signed with child sexual abuse victims and release any documents IF requested by the royal commission. It's responding to the head of the royal commission, Justice Peter McClellan, who's emphasised his inquiry has the power to compel the production of evidence and expects all institutions with confidential agreements to cooperate, saying his inquiry won't hestitate in exercising that power.

Transcript

TONY EASTLEY: The Catholic Church says it will do what it can to ensure past failures are not repeated. It's vowed to assist the Royal commission and that includes releasing child sexual abuse victims from confidentiality agreements they've signed with the church.

As well the church says it will release any documents the Royal Commission might want.

Francis Sullivan, who's been appointed by the Catholic Church to coordinate its response to the royal commission, told Alexandra Kirk everyone wants the truth to emerge.

FRANCIS SULLIVAN: The whole issue of confidentiality clauses if they need to be waived in order for the truth to come out, they'll be waived.

ALEXANDRA KIRK: Will the Catholic Church as a matter of principle now waive all its confidentiality agreements with victims of sexual abuse?

FRANCIS SULLIVAN: As Commission McClelland said yesterday, he does not want to see any barriers put in place in order to affect the work of the commission and we don't want to see any barriers in place that will not allow the truth to come out and so our principle position in this is that where confidentially clauses need to be waived, they will be waived.

ALEXANDRA KIRK: But as a matter of principle, why not waive them now?

FRANCIS SULLIVAN: Well we don't know yet in fairness to the commission, how it wishes to administer this and how it wishes to be sensitive to any complexities that may be in those agreements.

ALEXANDRA KIRK: So your cooperation, is that irrespective of whether the priest has been defrocked or not?

FRANCIS SULLIVAN: It will apply to all instances in which the Royal Commission seeks information on.

ALEXANDRA KIRK: The Royal Commission has made it clear that it has the powers to compel the production of evidence including matters that are subject to or covered by confidentiality agreements so there's no question here where the power lies. Is the Catholic Church just trying to get on the front foot as a public relations exercise?

FRANCIS SULLIVAN: No, not at all. We are not interested in running a public relations exercise. We are interested in letting the voice of the church which at heart is one of pastoral care and compassion, be the guiding strategy in this whole engagement with the Royal Commission.

ALEXANDRA KIRK: Do you know how many confidentiality agreements the Catholic Church has struck with victims?

FRANCIS SULLIVAN: No, I have no idea at the moment. It is early days for me but in a sense that's not an issue. What's the issue here is enabling the commission to do its work fully and enabling the Catholic Church also to have an opportunity to put its position around the past but also how we are planning to deal with the future.

ALEXANDRA KIRK: Will the church conduct an audit of these confidentiality agreements?

FRANCIS SULLIVAN: Early days, I don't know whether an audit is necessary.

ALEXANDRA KIRK: Were some of these agreements and documents sent to Rome and if so, will they be returned to Australia?

FRANCIS SULLIVAN: I am not aware of any of the past activities. Suffice to say where we are able to provide documents that the commission requests, they will be provided.

ALEXANDRA KIRK: Is this an instruction from the Vatican?

FRANCIS SULLIVAN: I've had no instructions from the Vatican.

ALEXANDRA KIRK: In essence, you are waiting for the Royal Commission to come to the Catholic Church. Why not just, as a matter of course, say that as of now the church has waived its demand, the victims remain silent for example.

FRANCIS SULLIVAN: I think our public statements have made clear our disposition but with respect to how the commission seeks to go about its work, I think it is important for us to wait and hear how it seeks to administer these particular issues. I think our disposition is quite clear.